Summary: Ms X complained there were failings in the way the Council dealt with her homelessness and housing applications causing her distress and financial loss. We found fault by the Council as it delayed reviewing Ms X’s situation in 2023 and 2024 and dealing with Ms X’s homelessness application. The Council has already apologised for the delay and offered a suitable remedy for the injustice caused in this case. So, we have ended our investigation.

The complaint

1. Ms X complains there were failings in the way the Council has dealt with her homelessness and housing allocations applications since November 2022. Ms X says this has caused her distress, financial loss and she remains in unsuitable temporary accommodation. In particular Ms X says:
• The Council refused to house her in temporary accommodation at first in 2022. Once it provided temporary accommodation it has been unsuitable and caused her financial hardship through living in hotels. And the Council has failed to provide her with financial support despite the uncertainty of her being rehoused.
• She has not been dealt with appropriately as a victim of domestic abuse/violence and the Council keeps offering her in properties in areas of risk near to the perpetrator.
• The Council failed to give her advice, including in a Personalised Housing Plan (PHP). So, she could not surrender her tenancy with her landlord, a housing association which has caused her to accrue rent arrears.
• The Council unreasonably refused a request for a reciprocal arrangement with the housing association and failed to correctly explain its reasons for the decision. This has also contributed to her rent arrears.
• She has lost an opportunity to bid for properties for two years due to the Council’s failure to process her housing allocation application since November 2022.
• She would have been eligible for working points under a previous allocation scheme but has not benefited from this due to the delay in processing her application as the Council has a new allocations policy.
2. Ms X wants the Council to apologise to her, provide financial compensation, deal with her housing application and grant her a reciprocal arrangement with the housing association.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
6. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)

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What I have and have not investigated

7. I have not investigated Ms X’s concerns from November 2022 to August 2023. This is because I consider Ms X’s complaints to us are late and more than 12 months since she was aware of the issues as paragraph four explains. I consider it reasonable for Ms X to have complained to us before now about her concerns between those dates. I have investigated Ms X’s concerns from August 2023 which covers matters 12 months before Ms X complained to us in August 2024. I have not investigated matters after August 2024 but have referred to them to explain the Council’s actions since Ms X’s complaint.
8. I have explained events from November 2022 in this statement to provide background to Ms X’s complaints.
9. I have not investigated Ms X’s concerns about the Council stopping a dual payment of housing benefit on two properties she held a tenancy for. This is because any decision made by the Council to stop paying housing benefit could be reviewed by Ms X with the right to go to the Social Security Appeal Tribunal. I consider it was reasonable to expect Ms X to use her right of appeal to the tribunal if she disagreed with the decision to stop the housing benefit payments. This is because it was the correct route for Ms X to take to challenge the Council’s decision.

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How I considered this complaint

10. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
11. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Summary of the relevant law and guidance

Homelessness

12. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness.

The prevention duty

13. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help the applicants to secure that accommodation does not stop being available for their occupation. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)

The relief duty

14. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

The main housing duty

15. If, at the end of the relief duty, a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main duty. (Housing Act 1996, section 193)

Duty to arrange interim accommodation (section 188)

16. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
17. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

Rights of review

18. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.32 and 18.33)
19. Homeless applicants may request a review within 21 days of being notified of the decisions including:
• their eligibility for assistance.
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness.
• giving notice to bring the relief duty to an end.
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Events leading to the complaint

20. What follows is a brief chronology of key events. It does not contain all the information I reviewed during my investigation.
21. Ms X approached the Council for help on 30 November 2022 as she was fleeing her housing association home alleging domestic abuse by her partner. The housing association arranged temporary accommodation for her for a few days.
22. It asked the Council to accommodate Ms X while it looked for an alternative property for her and to accept a homeless application from her. Ms X was pregnant, and her other children were not currently living with her. The Council offered Ms X three properties which Ms X refused for health reasons and being in area of risk for her. The Council asked Ms X for medical evidence. It booked Ms X into a hotel as temporary accommodation on 6 December 2022 and contacted the housing association to see what alternative housing provision could be made for her.
23. The Council received medical recommendations for Ms X from the Housing Health and Disability team. This said Ms X needed a one bed property as a single person because her other children did not live with her.
24. In January 2023 the housing association confirmed it would carry out a management transfer for Ms X to find her a new property. This may take time due to a lack of available temporary accommodation. It asked the Council to accommodate Ms X and accept a homelessness application. The Council’s records noted Ms X preferred to do a management transfer rather than make a homeless application.
25. The Council agreed to extend Ms X’s hotel booking. It noted Ms X was engaging with the housing association to arrange management transfer and her housing association property remained available to her. So, it would continue to provide her with temporary accommodation until an outcome with the management transfer. If it fell through, Ms X may need to consider surrendering the property if no longer safe there. The Council told the housing association it did not owe Ms X a main housing duty at that point.
26. In March 2023 the Council asked the housing association for an update on the management transfer and expected timeframe. The Council said it was looking for two-bedroomed property for Ms X as she reported the birth of her baby. The Council chased the housing association for a response and offered Ms X temporary accommodation in a studio apartment which Ms X moved to. In April 2023 the housing association confirmed the management transfer was still in place and it and added Ms X’s baby to her application.
27. Ms X asked for a review of her temporary accommodation in November 2023 as she considered it unsuitable. The Council told Ms X she could not request a review as it had not accepted a homelessness application from her. A housing officer contacted the housing association for an update. The Council noted Ms X fled domestic abuse from her social tenancy, so the housing association had a duty to ensure she received a social tenancy. The Council confirmed it continued to investigate Ms X’s housing situation, but it did not intend to accept her on to housing register.
28. The Council allocated Ms X’s case to a different housing officer as the previous officer had left the Council. The officer was to assess Ms X for priority need and see if any issues with the temporary accommodation. The Council’s records show it reviewed Ms X’s case in April 2024. Ms X said she now had two children living with her. The Council asked the housing association for an update.
29. In April 2023, the housing association confirmed it had cancelled the management transfer because it had no properties in the areas sought. The housing association asked the Council for a reciprocal arrangement to offer Ms X a property as she had a valid tenancy with the housing association. This is where the Council enters a reciprocal arrangement or ‘swap’ with another social landlord. The Council agrees to rehouse one of their residents and they in turn rehouse a council resident. The decision to agree is one for the Council’s discretion.
30. The Council considered and rejected the reciprocal arrangement request from the housing association for Ms X. This was due to it normally not entering reciprocal arrangements for tenants who live in its area as was the case with Ms X. It also rejected the request because it had 2480 applicants waiting for a permanent home and many applicants waiting for a reciprocal property. The Council considered it unfair to place Ms X at the top of the reciprocal queue when there were already hundreds of other priority households waiting for a similar reciprocal offer.
31. The housing association asked the Council to accept a full housing duty towards Ms X so she could have been open to both the Council and housing association for accommodation. The Council considered Ms X’s homelessness application.

Events in 2024

32. The Council accepted a prevention duty towards Ms X on 30 April 24 and issued a PHP. In the PHP the Council explained it had been liaising with the housing association over the management transfer. Ms X said she had rent arrears for the housing association property as she still held a tenancy for it. And the housing benefit she received no longer paid rent on two properties.
33. The Council accepted a relief duty towards Ms X on 02 May 2024 and issued a PHP. The Council agreed to review the reciprocal arrangement request and to look at areas where Ms X would be safe. The Council refused the reciprocal request. In June 2024 the Council considered Ms X’s medical needs but said it did not have enough information to assess her. The Council reallocated Ms X’s case a new housing officer on 26 June 2024 with experience in dealing with cases of domestic abuse. It apologised to Ms X for the delay in assessing her application.
34. In July 2024 after the 56 days of prevention duty expired the Council accepted a relief duty to Ms X and issued a further PHP. Ms X complained to us in August 2024 about the Council’s lack of action over her homeless situation.
35. After Ms X’s complaint to us the Council noted it would accept the main housing duty towards Ms X. In September 2024 the housing association raised concerns Ms X’s rent arrears were increasing. The Council applied to the prevention fund for help with Ms X’s arrears, but this was refused. The Council moved Ms X moved back into hotel accommodation in October 2024.
36. In October 2024 and after expiry of 56 days of relief duty the Council accepted the main housing duty toward Ms X. It advised Ms X how to bid on housing register. And awarded her an effective date of 30 November 2022 being the date she approached the Council in 2022 for assistance. The Council said Ms X could request a suitability review for her temporary accommodation as it was now being provided under the main housing duty.
37. In November 2024 Ms X advised the housing association served her with a notice of seeking possession due to the rent arrears. The Council offered Ms X three bedroomed temporary accommodation in December 2024 which she accepted. However, the house needed extensive void works before Ms X could move in. Following a suitability assessment in January 2025 the Council considered Ms X had a medical need for a two bedroomed property. The Council reconsidered and agreed to the reciprocal arrangement with the housing association. It has now offered her a two bedroomed property which Ms X has accepted and moved into.

Council comments on the complaint

38. The Council accepts there were delays in dealing with Ms X’s case. It says the officer originally allocated the case left the Council and the management transfer move agreed to by the housing association also caused a delay to Ms X’s homelessness application.
39. The Council notes Ms X’s allegation she lost an opportunity to bid on Council properties for two years due to it failing to process her homelessness application within the correct timeframe. The Council apologised for the repeated inconvenience Ms X suffered and acknowledged a delay in concluding her application in October 2024. It does not consider Ms X lost an opportunity to bid on properties. This is because when she applied to the Council in November 2022 there were 750 households waiting for a two bedroomed property in the Council’s area. It has about 70 two bed properties to let each year and only 181 properties for a two-bed need have been let as of January 2025.
40. In addition, it says when Ms X contacted the Council in November 2022, there was a long average waiting time for a homeless household. The wait for a two bedroomed property was six years, one month and nine years, six months for a three bedroomed property. It can take longer if there are specific requirements such as property type, floor level or location. Ms X reported risk areas in the borough so it would reduce the properties available to her. Ms X would have been waiting one year nine months in October 2024. Therefore, it was unlikely Ms X would have been made an offer between 2022 to 2025 so had not been disadvantaged by any delays.
41. The Council notes Ms X’s concerns she gained rent arrears through paying rent on two properties. It acknowledged a delay in Ms X’s case as it was not concluded on time. And unfortunately, it appeared she was not given adequate tailored advice about next steps and arrears. But it considers the housing association had an obligation to advise about her tenancy with them, applying for dual benefit on the properties and her rent arrears.
42. The Council understands the housing association advised Ms X she would be making herself intentionally homeless if she surrendered her tenancy. Officers would have provided advice to Ms X on what happens when the dual benefit ends. This was she was unlikely to be deemed intentionally homeless if she had surrendered the tenancy considering it would have been unreasonable for her to continue to occupy it due to her circumstances. So, the Council does not consider its actions have caused the arrears with her housing association tenancy. The Council advised Ms X to speak to the housing association on how best to resolve the rent arrears.
43. The Council says it has a duty under Homelessness Reduction Act 2017 to assist individuals who are homeless or at risk of becoming homeless within 56 days. Under this legislation victims/survivors of domestic abuse are considered a priority group due to their vulnerability. In Ms X’s case the Council says it:
• identified her as homeless due to her disclosure of being at risk of domestic abuse.
• fulfilled the relief duty by providing temporary accommodation and a PHP to ensure the safety and long-term housing stability of Ms X. The PHP included steps for securing safe, long-term housing and working with the victim to find safe areas where she could live.
• applied the statutory definition of domestic abuse to classify her as a domestic abuse victim making her eligible for priority housing
• provide safe accommodation in line with the Domestic Abuse Act 2014. It followed Ms X’s input about safe and unsafe areas ensuring she was housed in an area that minimised risk and enhanced her safety. The Council acknowledged it recently made Ms X an offer of unsuitable temporary accommodation in an area she fled due to domestic abuse. This was because it did not capture sufficiently Ms X’s areas of risk. It has apologised to Ms X and offered her £300 in compensation in recognition of its failures.
• worked with partner agencies and the housing association to safeguard and support Ms X. This is in line with its domestic abuse policy which emphasis collaboration with local services to protect and assist domestic abuse survivors.
• provided Ms X with financial support through vouchers for food/fuel costs from April 2024 to March 2025.
• accepted Ms X on the housing register as a main duty applicant under its Housing Allocations Policy 2023 and backdated the effective date to 30 November 2022 when she first approached the Council.
• The Council has since reviewed information provided by Ms X about the working points. It has agreed she is entitled to worker points, and they have now been added to her existing points.
• allocated Ms X a two-bedroom need as the two children can share a bedroom.
44. The Council upheld Ms X’s complaints as it found some failings in way her case was handled. It agreed there had been delays in processing her homelessness application from 2024 and offered Ms X £300 to acknowledgement any distress and inconvenience caused.

My assessment

45. As paragraph eight explains I am considering matters from August 2023. Ms X was living in a studio flat and asked for a review of the accommodation in November 2023. The Council refused the review as it had not accepted a homeless duty towards her. But says it had allocated her the studio apartment as a single person and expecting a baby so suitable for her then.
46. The Council acknowledged it needed to do a review of Ms X’s situation. But there is no recorded action until April 2024, a gap of six months, when it confirmed the housing association was still looking for a management transfer during that time. The delay in reviewing Ms X’s case is fault by the Council. But I consider Ms X’s situation would have been same until the housing association decided on the management transfer. Ms X was being accommodated by the Council during that time so has not suffered any significant injustice. And so, it is unlikely any further investigation would lead to a different outcome on this issue. I am therefore ending my investigation into the delay in reviewing Ms X’s situation between October 2023 and April 2024.
47. The evidence shows the Council then dealt with Ms X’s homelessness application from April 2024 once the housing association decided to cancel the management transfer. It accepted a prevention duty, then a relief duty towards Ms X and accepted the main housing duty in October 2024. The Council accepted some delay in dealing with the homeless application in 2024, and in reaching the main duty decision in October 2024. It has offered Ms X a payment of £300 in recognition of the delay. The offer includes some action outside the timescales I am investigating. But I consider it a suitable remedy for the Council to offer and is in line with our Guidance on remedies. So, it is unlikely any further investigation on the delays in 2024 will lead to a different outcome for Ms X as the Council has accepted delay and offered a suitable remedy.
48. The Council also acknowledged it made Ms X an offer of unsuitable accommodation in 2024 as it was within an area of risk. It has offered Ms X a payment of £300 in recognition of its failure. The offer was made outside of the timescales I am investigating. But I would be likely to regard it as suitable action for the Council to take. And it remedies any injustice caused to Ms X by the Council’s fault in failing to properly record her areas of risk. The proposed payment is in line with our Guidance on remedies. So, it would be unlikely we could add anything to the Council’s investigation or achieve a different outcome for Ms X.
49. Ms X alleges she has missed being offered a property by the Council due to delays and not accepting her housing register application until October 2024. But there is no evidence to show she has been disadvantaged by any wait to join the housing register due to the average waiting times for properties. The Council has awarded Ms X an effective date of 30 November 2022 and agreed to add the working points removed by a change in the Allocations scheme. It is unlikely we can add anything to the Council’s investigation into the matter or achieve a different outcome for Ms X. This is because she has been given 30 November 2022 as her effective date and awarded the working points which was an outcome she was seeking when complaining to us. So, I am ending my investigation into this point.
50. The Council has provided evidence it gave Ms X financial support through voucher for food/fuel costs, and this continued to March 2025. This is suitable action for the Council to take so there are no grounds to investigate this part of Ms X’s complaint any further.
51. The Council explained why it decided not to exercise discretion to agree a reciprocal arrangement with the housing association in 2024. I acknowledge this was disappointing for Ms X. But it is a decision the Council is entitled to make, and it reviewed the decision several times following contact from Ms X and the housing association. The Council has apologised to Ms X if she was given misleading information about the Council’s decision on the reciprocal arrangement. I consider the Council’s apology is suitable action for it to take. It has now agreed to a reciprocal arrangement and offered Ms X a property. I do not consider any further investigation into the matter will lead to a different outcome for Ms X, so I am ending my investigation into this issue.
52. The Council confirms it would have been for the housing association to advise Ms X when applying for a dual housing benefit on the two properties as she remained a HA tenant during that time. It is unfortunate if Ms X has not been provided with suitable advice about the impact of applying for dual benefit and when the payments would end causing rent arrears. But is an issue for Ms X to pursue with the housing association.

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Decision

53. I find fault causing injustice, but Council has already taken suitable action to remedy the injustice caused in this case.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman